The Marion Conservation Commission on January 25 deemed homeowner Bryan Beakes not at fault for building a fence through a wetland on his property since his real estate attorney never informed him of an existing continuing order to not perform work in the area in question.
Rather, the commission found the attorney who performed the title search at fault for “not flipping to the second page” to read the continuing order.
Chairman Cynthia Callow said the commission went out to inspect the site and now believe that Beakes wasn’t properly informed about the wetlands order.
“He didn’t know,” said Callow. “All kinds of lawyers were involved in closing and opening and no one told him about the existing order of not to touch the wetlands.”
Beakes said his family had moved down from Canada, and his realtor and attorneys were not local to Marion.
Beakes installed a 6-foot stockade fence across a wet area because it was imperative to enclose the back yard where his children play. One of his children, Beakes told the commission, is on the autism spectrum and the family had concerns about him running towards the woods surrounding the yard.
Some boulders that were placed to inhibit work inside that area were moved by Beakes, as recounted by commission member Norm Hills.
“It’s not your fault,” Hills stated. “The real fault lies with the lawyer who did the title search. This is something that we’re gonna have to talk about … with town counsel … because this has become a problem – the ignorance of continuing conditions.”
Callow said she thought the commission should start posting more information on the Conservation Commission website to better inform the public on such matters.
“In this case, yeah, it’s a wetland, but I don’t think anything would be gained by trying to recover it,” said Hills.
The area of concern is less than 5,000 square feet, the commission noted.
“It’s not worth pursuing,” Callow said.
None of the commission members had any further questions or comments for Beakes.
“I think it’s a mistake, an innocent mistake, and he’ll know better next time,” said Callow.
Hills added, looking to Beakes, “Feel free to jump on your lawyer.”
The next meeting of the Marion Conservation Commission is scheduled for February 8 at 7:00 pm.
By Jean Perry